M/S Punjab Police Housing Corporation Ltd v. The Pr.chief Commissioner Of Income Tax,Chandigarh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CWP? No. 14376 of 2017Decided on : 19.12.2017 M/s Punjab Police Housing Corporation Ltd. Versus The Pr.Chief Commissioner of Income Tax,Chandigarh and others _. . Petitioner ... Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE AMIT RAWAL PRESENT: Mr. Sanjay Bansal, Sr. Advocate withMr. B.M. Monga, Advocate andMr. Amit Parsad, Advocatefor the petitioner(s). ---- AJAY KUMAR MITTAL, J. (Oral) This order shall dispose of CWP Nos. 14376, 14407, 27771 &27739 of 2017, as according to the learned counsel for the petitioner(s), theissues involved therein are interconnected. 2 The petitioner(s) has approached this Court under Articles226/227 of the Constitution of India, seeking quashing of the reasons dated14[th]March, 2017 and notice dated 31[St]March, 2017 (appended asAnnexures P-19 & P-21), under Sections 147/148 of the Income Tax Act,1961 (in short ‘the Act’), issued by respondent No.3 being illegal, withoutjurisdiction and a result of malatfide exercise of power. A further prayer hasalso been made for setting aside the order {Annexure P-20 (colly)!, passedunder Section 151 of the Act by respondent No.2quagranting sanction forre-opening/re-assessment for the Assessment Year 2010-11 being contraryto law and a result of mechanical, malatide exercise of power and againstthe principles of natural justice. Petitioner(s) has also sought any otherappropriate writ, order or direction, quashing and vacating the letter/Order CWP No. 14376 of 2017 -7. dated 29/30/05/2017 and 02.06.2017 (Annexures P-25 and P-26), passed byrespondent No.1 as well as restraining respondent No.3 from passing theOrder of Assessment/Reassessment for the Assessment Year 2010-11, tillthe final decision of this writ petition. 3,Learned counsel for the petitioner(s) submits that during thependency of the writ petitions in this Court, the Assessing Officer hasframed the best judgment assessment under Section 144 of the Act inpursuance to the re-assessment proceedings initiated under Sections 147 and148 of the Act. It was prayed that the initiation of re-assessmentproceedings and orders of rejection of objections impugned herein as wellas the framing of best judgment assessment have been challenged in freshCWP? Nos. 29006 & J2O007 of 201 4In view of the above, learned counsel for the petitioner(s) statesthat he may be allowed to withdraw the present writ petition(s) with libertyto the petitioner(s) to pursue the matter in the aforesaid writ petitions, 5 Dismissed as withdrawn with liberty as prayed for. (AJAY KUMAR MITTAL)JUDGE December 19, 2017 J Ram (AMIT RAWAL)JUDGE Whether speaking/reasoned:Yes/NoWhether Reportable:Yes/No